DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01063-10
15 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 October 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
6 July 1981, at the age of 20. On 26 July 1983, you were
convicted at a special court-martial (SPCM) of larceny. You were
sentenced to forfeitures of $100, reduction in pay grade, and
confinement at hard labor for 30 days. On 21 February 1984, you
were convicted by civilian authorities of endangerment. You were
sentenced to pay $175 damages, placed on probation for 24 months,
and required to pay $10 for each month on probation. On 10 May
1984, you were convicted by your second SPCM of being in an
unauthorized absence (UA) status totaling 79 days. You were
Sentenced to forfeitures of $1,191, reduction in pay grade,
confinement at hard labor for 90 days, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 15 February 1985, after appellate review, you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of two convictions by SPCM's
and civil misconduct. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such that
Favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
«Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
=
Sincerely,
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